Manjulata Pradhan vs Commissioner
2023 Latest Caselaw 1817 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                          WP(C) NO.5554 OF 2012

        Manjulata Pradhan                    ....            Petitioner

                                                  Mr.S.S.Rao, Adv.


                                  -versus-

        Commissioner, Consolidation,         ....     Opposite Parties
        Orissa & ors.
                                                  Mr.S.P.Panda, AGA

                 CORAM:
                 JUSTICE BISWANATH RATH

                                 ORDER

Order                            27.2.2023
No.
  7.    1.      Heard learned counsel for the Parties. Mr.Rao, learned

counsel undertakes to file his Appearance Memo in course of the

day.

2. Taking this Court to the observations made in the impugned

order Mr.Rao, learned counsel for the Petitioner contends, the

Authority was compelled to pass order keeping in view pendency of

Writ Appeal No.91 of 2008 arising out of W.P.(C) No.8443/2003.

Bringing to the notice of this Court the development through the

Writ Appeal, Mr.Rao, learned counsel contends, the Writ Appeal has

been dismissed as withdrawn by the Division Bench of this Court by

order dated 24.7.2019.

// 2 //

4. There is no denial to the development through the Writ

Appeal also to the passing of the order at Annexure-3 dependent on

the fact involving pendency of the issue in the Writ Appeal. Keeping

the above in view, this Court observes, once there is dismissal of the

Writ Appeal No.91 of 2008 in confirmation of the order passed in

W.P.(C) No.8443/2003, nothing remains to be adjudicated except on

an application being placed for correction of Record of Rights in

terms of the judgment passed in W.P.(C) No.8443/2003, same has to

be worked out only.

5. For the above observation, the Writ Petition stands disposed

of, as in the meantime, the order at Annexure-3 has already been

abided by the final outcome in W.P.(C) No.8443/2003. Interim order

dated 3.4.2012 passed in Misc. Case No.4804 of 2012 stands

vacated.

(Biswanath Rath) Judge

M.K.Rout